In previous articles, I have advocated its repeal and will continue to do so, despite the recent speech of Lord Phillips, the President of the newly-created Supreme Court. He argues for its retention, but he fails to persuade me.
There are essentially three issues regarding the Act. Firstly, do we need a Human Rights Act at all? Only if it can be demonstrated that the human rights of the subject were not satisfactorily protected before the Act can a compelling case be made for its retention. Our human rights before the Act were not statute based, but had evolved over centuries by the sensible application of common sense and fairness.
Secondly – and Lord Phillips would have to accept this – its implementation, especially by the High Court, has led to some curious and contradictory judgments which fall far short of a ‘golden thread’ running through our judicial system.
And finally, the Act derogates powers from our domestic law to Europe and, in particular, to Strasbourg. The idea that Johnnie Foreigner knows more about our human rights than we do is anathema to many, and sadly, Europe has a poor track record.
I have recently been enjoined by the new coalition government to participate in the ‘Big Society’, and I am now getting emails from David Cameron and, most recently, from Baroness Warsi. With this in mind, and doing my bit for the economy, I recommend the abolition of the nanny state ‘no smoking’ legislation, which forbids smoking in any public place.
I concede that this ban has reduced by a small margin the number of people who actually smoke, and some modest savings have been identified by the NHS. But consider the facts. Smoking, as with the consumption of alcohol, is not illegal. Cigarettes, tobacco and cigars are heavily taxed, and this generates substantial income for the Treasury. The latest annual figures show the total amount raised is in the sum of £10 billion – an amount not to be sneezed at.
But it goes further than this. Figures suggest that as many as 300 pubs and restaurants are closing every week – more so in rural locations, where drink-drive legislation has hit the hardest. Many customers of these establishments are prepared to moderate their drinking, but to be denied a cigarette with their favourite tipple is a bridge too far. The suggestion that smokers should stand outside in all weathers if they want to smoke is unappealing, and as a result, they are staying home.
Pubs and restaurants also make a sizeable contribution to the national coffers, as do all successful businesses. They are also good employers of cooks, waiters, receptionists, front-of-house, cleaners and the like, and all this is being sacrificed on the altar of political correctness.
Of course there are those who go to a pub or restaurant who don’t smoke, and don’t want to be in the same room as smokers. No doubt the owners of these establishments appreciate this and if not, they don’t deserve to stay in business. Surely they can be trusted to find the right combination to please all their patrons.
So my advice to David Cameron and George Osborne is to ditch the nanny state, and like human rights, to leave it to common sense and fairness.
David Osborne
David was called to the English Bar in 1974 and to the Irish Bar in 1986. He is head of his own chambers based in London and Somerset. He offers specialist advice and representation in a wide variety of legal disciplines, and is accredited by the Bar Council to accept instructions direct from lay clients.
During his long and successful career, David has appeared in the highest courts in the land, including the Old Bailey, the Court of Appeal and the House of Lords. He is the author of the popular blog, The Barrister Bard. You can visit his website at http://www.david-osborne.com.
And finally, the Act derogates powers from our domestic law to Europe and, in particular, to Strasbourg. The idea that Johnnie Foreigner knows more about our human rights than we do is anathema to many, and sadly, Europe has a poor track record.
I have recently been enjoined by the new coalition government to participate in the ‘Big Society’, and I am now getting emails from David Cameron and, most recently, from Baroness Warsi. With this in mind, and doing my bit for the economy, I recommend the abolition of the nanny state ‘no smoking’ legislation, which forbids smoking in any public place.
I concede that this ban has reduced by a small margin the number of people who actually smoke, and some modest savings have been identified by the NHS. But consider the facts. Smoking, as with the consumption of alcohol, is not illegal. Cigarettes, tobacco and cigars are heavily taxed, and this generates substantial income for the Treasury. The latest annual figures show the total amount raised is in the sum of £10 billion – an amount not to be sneezed at.
But it goes further than this. Figures suggest that as many as 300 pubs and restaurants are closing every week – more so in rural locations, where drink-drive legislation has hit the hardest. Many customers of these establishments are prepared to moderate their drinking, but to be denied a cigarette with their favourite tipple is a bridge too far. The suggestion that smokers should stand outside in all weathers if they want to smoke is unappealing, and as a result, they are staying home.
Pubs and restaurants also make a sizeable contribution to the national coffers, as do all successful businesses. They are also good employers of cooks, waiters, receptionists, front-of-house, cleaners and the like, and all this is being sacrificed on the altar of political correctness.
Of course there are those who go to a pub or restaurant who don’t smoke, and don’t want to be in the same room as smokers. No doubt the owners of these establishments appreciate this and if not, they don’t deserve to stay in business. Surely they can be trusted to find the right combination to please all their patrons.
So my advice to David Cameron and George Osborne is to ditch the nanny state, and like human rights, to leave it to common sense and fairness.
David Osborne
David was called to the English Bar in 1974 and to the Irish Bar in 1986. He is head of his own chambers based in London and Somerset. He offers specialist advice and representation in a wide variety of legal disciplines, and is accredited by the Bar Council to accept instructions direct from lay clients.
During his long and successful career, David has appeared in the highest courts in the land, including the Old Bailey, the Court of Appeal and the House of Lords. He is the author of the popular blog, The Barrister Bard. You can visit his website at http://www.david-osborne.com.
Comments